A conditional undertaking that is self-discharging (e.g., subject to the other party's strict compliance with procedural orders) significantly reduces its value and the reliance the court can place upon it. An unconditional undertaking not to deal with property pending appeal can be sufficient to defeat a stay application by preserving the subject matter of the litigation. Where the respondent needs legal title to obtain finance, and the appellant suffers no real prejudice from refusal of a stay because titles can be returned on a successful appeal, the balance of convenience favours refusal.
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